6.12.030 - Requirements for commercial businesses (standard compliance approach).

(a)

Generators that are commercial businesses, including multi-family residential dwellings, shall:

(1)

Subscribe to the city's licensed haulers designated container/bin collection service(s) and comply with requirements of those services as described below in Section 6.12.030(a)(2). The city shall have the right to review the number and size of a generator's containers/bins and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the city.

(2)

Participate in the city's licensed haulers designated container/bin collection service(s) by placing source separated organic waste, source separated recyclable waste, and trash container waste into the applicable colored bins. Generator shall not place materials designated for the trash container/bin into the organic waste or recyclable waste container/bin, nor place materials designated for the organic waste or recyclable waste container/bin into the trash container/bin.

(3)

Supply and allow access to an adequate number, size, and location of collection containers/bins with sufficient labels or colors (conforming with Section 6.12.030(a)(4)A-B for employees, contractors, tenants, and customers, consistent with the city's licensed haulers designated container/bin collection service(s) or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Sections 6.11.060 and 6.11.080.

(4)

Excluding multi-family residential dwellings, provide containers/bins for the collection of source separated container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers/bins are provided for customers, for materials generated by that business. Such containers/bins do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container/bin, then the business does not have to provide that particular container/bin in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:

A.

A body or lid that conforms with the container/bin colors provided through the collection service provided by the city's licensed haulers, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers/bins, including containers/bins purchased prior to January 1, 2022, that do not comply with the requirements of the Subsection prior to the end of the useful life of those containers/bins, or prior to January 1, 2036, whichever comes first.

B.

Container/bin labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container/bin, or containers/bins with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container/bin. Pursuant 14 CCR § 18984.8, the container/bin labeling requirements are required on new containers/bins commencing January 1, 2022.

(5)

Multi-Family Residential Dwellings are not required to comply with container/bin placement requirements or labeling requirements in Section 6.12.030(a)(4) pursuant to 14 CCR § 18984.9(b).

(6)

To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container/bin not designated for those materials in accordance with Section 6.12.030(a)(2), or if recycling organics onsite or self-hauling under Section 6.11.060 per the commercial businesses' instructions to support its compliance with its onsite recycling or self-haul program.

(7)

Excluding multi-family residential dwellings, periodically inspect containers/bins for contamination and inform employees if containers/bins are contaminated and of the requirements to keep contaminants out of those containers/bins pursuant to 14 CCR § 18984.9(b)(3).

(8)

Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated organic waste container/bin and source separated recyclable materials.

(9)

Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated organic waste container/bin and source separated recyclable materials separate from trash container/bin waste (when applicable) and the location of containers/bins and the rules governing their use at each property.

(10)

Provide or arrange access for the city or its agent to their properties during all inspections conducted in accordance with Section 6.12.090 to confirm compliance with the requirements of this Chapter.

(11)

Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers/bins for prohibited container/bin contaminants, to evaluate generator's compliance with Section 6.12.030(a)(2). The remote monitoring program shall involve installation of remote monitoring equipment on all designated containers/bins.

(12)

If a commercial business wants to self-haul, meet the self-hauler requirements in Sections 6.11.060 and 6.11.080.

(13)

Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.

(14)

Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to 6.12.050.

(Ord. No. 781, § 1, 12-7-2021)